[Attachment(s) from RTIFED - Surendera M. Bhanot included below]
The Central Information Commissioner M. Sridhar Acharyulu ni Para-14 of his of order dated 12 November 2014 (can be downloaded at http://www.rti.india.gov.in/.../CIC_SA_A_2014_000254_M...) has observed as Under:
"14. The Commission observes: Passing orders in first appeal without hearing or sending hearing notice is illegal and will render the order invalid. The Commission sets aside the order of First Appellate Authority for violating RTI Act and breach of natural justice by denying the appellant a chance of presenting his case and by raising entirely a new defence which was never claimed. Commission finds it deserves action though the concerned officer retired from service and recommends Public Authority to initiate disciplinary action against the concerned FAO for acting totally against the RTI Act in this case."
"14. The Commission observes: Passing orders in first appeal without hearing or sending hearing notice is illegal and will render the order invalid. The Commission sets aside the order of First Appellate Authority for violating RTI Act and breach of natural justice by denying the appellant a chance of presenting his case and by raising entirely a new defence which was never claimed. Commission finds it deserves action though the concerned officer retired from service and recommends Public Authority to initiate disciplinary action against the concerned FAO for acting totally against the RTI Act in this case."
On Thu, Nov 13, 2014 at 10:32 PM, RTIFED - Surendera M. Bhanot <rtifed@gmail.com> wrote:
Hi,The Information seeker has an ace up in sleeve with this rulling.What is the Order No. and the citation of the case. Please provide the link to the order if possible.On Thu, Nov 13, 2014 at 10:11 PM, 'Lokesh Batra' via odishasoochanaadhikarabhiyan <odishasoochanaadhikarabhiyan@googlegroups.com> wrote:--Don't decide RTI appeals without hearing applicants: CICPress Trust of India | New DelhiNovember 13, 2014Deciding first appeals against RTI replies without hearing the appellant by a public authority is illegal, the Central Information Commission has said in its order against the Law Ministry.Under the Right to Information Act, an appellant gets a chance to appeal twice against the order of the Central Public Information Officer who receives and answers the application.The First Appeal is filed before an officer, senior to CPIO, within the department where application is filed. The Second appeal is filed before the Central Information Commission.It is a common practice that at the First Appeal stage, public authorities do not invite applicants for hearing and decide the case on the basis of appeal filed by them.The order of Information Commissioner Sridhar Acharyulu may help in curbing the practice of deciding the first appeals without giving a chance to the applicant to explain himself during the hearing.The case relates to number of RTI applications filed by activist R K Jain from the Law Ministry."Passing orders in first appeal without hearing or sending hearing notice is illegal and will render the order invalid. The Commission sets aside the order of First Appellate Authority for violating RTI Act and breach of natural justice by denying the appellant a chance of presenting his case and by raising entirely a new defence which was never claimed," Acharyulu said in the order.He said, "It deserves action though the concerned officer retired from service and recommends Public Authority to initiate disciplinary action against the concerned FAO for acting totally against the RTI Act in this case".==================
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